Nasreen Begum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49155 of 2022 Arising Out of PS. Case No.-39 Year-2022 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== NASREEN BEGUM WIFE OF MD. HASAN RESIDENT OF JAHAGIRPUR TAKIYA SHIVNA BANCH, P.S.- MOHIUDDINAGAR, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nagendra Kumar Singh For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 341, 147, 148, 323, 324, 354, 307, 326, 504, 506 read with 34 of the Indian Penal Code.

As per the prosecution case, the allegation against the petitioner is of throwing hot milk on the body of the informant causing burn injury on her head, back and neck. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.49155 of 2022(3) dt.07-02-2023 2/3 the petitioner has falsely been implicated in this case. There is case and counter case between the parties. Learned counsel further submitted that the members of the prosecution side has also sustained injury. Doctor has found burn injury which is simple in nature. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner. Considering the aforesaid facts and circumstances as well as the injury is found to be simple in nature, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 39 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with a condition:-

1. The court below shall verify the criminal antecedent of the petitioner and at any stage, if it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the

Patna High Court CR. MISC. No.49155 of 2022(3) dt.07-02-2023 3/3 above-mentioned order shall not be delayed for purpose of or in the name of verification.

The application stands allowed.

(Chandra Prakash Singh, J) niku/- U T